Title 5, PUBLIC PROPERTY, PURCHASES AND CONTRACTS

Terms used in this chapter mean: (1) "Commissioner," the commissioner of school and public lands; (2) "Lease," the original lease or a certified copy thereof; (3) "Lessee," the original lessee, or the assignee of such lease, provided the assignment has been made upon the reverse …

Terms used in §§ 5-5-10.2 to 5-5-10.4 , inclusive, mean: (1) "Animal unit," one cow and calf, one horse, five sheep, or five goats; (2) "Annual animal carrying capacity," the number of acres needed for one animal unit to subsist on natural forage, on a given tract of land for one…

It shall be the duty of the commissioner of school and public lands, as rapidly as practicable, to cause the grazing lands administered by the state to be appraised as to their annual animal carrying capacity, and to make and preserve a record thereof in his office, and at least …

In appraising such grazing lands the following factors shall be taken into consideration: (1) Inventory of the forage resources: kind, amount, and location of vegetation; (2) Accessibility and usability of the forage resources as influenced by topography, availability of stock wa…

The commissioner of school and public lands shall establish the minimum annual rental rate per acre of all grazing lands which are administered by the commissioner. The minimum annual rental rate per acre shall be at the rate at which bidding shall start. In fixing the minimum an…

All rents, except rents from sharecropping which shall be paid after the crop has been harvested, shall be paid annually in advance. No term of lease may exceed five years, nor is any lease valid until it receives the approval of the Governor. However, any lessee of such common s…

The commissioner of school and public lands may accept a bid for a lease covering a period of one year or more, not exceeding five years, and in case no bids or proposals are made for any term, under the publication required in § 5-5-5 , or in case of a failure from any cause to …

The commissioner may lease agricultural and grazing lands for the period of up to four years for the purpose of approved land renovation practices such as summer - fallowing, mechanical or chemical control, ripping, furrowing, contouring, deferred grazing, wildlife production, or…

Nothing herein contained in any way prevents the sale or exchange of common school, indemnity, or endowment lands as provided in §§ 5-3-7 and 5-9-1 nor prevents the commissioner of school and public lands from incorporating, into each lease a sales clause permitting the cancellat…

If the highest offer for any tract of land is satisfactory and the tract is reserved for the bidder, the bidder shall at once deposit with the commissioner the amount specified as the annual rental for the tract. A lease of such tract shall be prepared in duplicate, according to …

Except as otherwise provided, the rent for all leased lands must be paid annually in advance and must be promptly paid when due, to the commissioner of school and public lands. Source: SL 1917, ch 339 , § 12; RC 1919, § 5644; SL 1933, ch 172 , § 1; SDC 1939, § 15.0409; SL 1988, c…

Whenever any lessee shall fail to pay the annual rental for any lands leased when the same becomes due, it shall be optional with the commissioner of school and public lands to bring suit against such lessee in any court of competent jurisdiction in the county in which the land i…

Any person leasing school or endowment lands for agricultural purposes shall destroy all noxious weeds and pests on any lands so leased pursuant to chapter 38-22 . Source: SL 1917, ch 339 , §§ 14, 16; RC 1919, §§ 5646, 5648; SDC 1939, § 15.0411; SL 1985, ch 37 , § 4.

No lessee of land for agricultural purposes shall burn or permit to be burned any hay, straw, stubble, or cornstalks on the land covered by his lease, and the commission of such waste or any other waste upon any such land by the lessee shall cause a forfeiture of the lease and sh…

Whenever the term "agricultural purposes" is used in this chapter, it means for the purpose of tilling, planting, and producing crops, but does not include grazing land. Source: SL 1917, ch 339 , § 20; RC 1919, § 5652; SDC 1939, § 15.0401; SL 1985, ch 37 , § 2.

The lessee of any school or endowment lands may assign his lease to any third person; but before any such assignment of a lease is effective, the assignment shall be approved by the commissioner of school and public lands and a copy thereof filed by the commissioner. The commissi…

Any action to enforce the provisions of § 5-5-20 shall be prosecuted by the state's attorney of the county, if the state's attorney is directed so to do by the commissioner, in any court of competent jurisdiction of the county in which the land is situated. The gross amount award…

In offering any land for leasing or at any time after the lease has been made, the commissioner of school and public lands may grant to any lessee of land under the provisions of this chapter a permit to erect thereon such buildings, corrals, fences, and well apparatus as may be …

If such improvements are not removed in the manner and within the time specified in § 5-5-22 or within such further period as may be granted by the commissioner of school and public lands for good cause shown, or unless such improvements are disposed of as hereinafter provided, t…

After the first day of September of the last year of such lease on land for agricultural purposes, the lessee may apply for and may receive a permit from the commissioner of school and public lands in the same manner as other permits for improvements are granted for fall tillage …

The commissioner shall notify each lessee by certified or registered mail directed to his post office address, as shown by the records in the office of the commissioner, on or before the first day of November first preceding the expiration of each lease that such lease will expir…

If the lessee wishes to exercise the option to receive a new lease, the lessee shall sign one copy of the duplicate notice mailed to the lessee by the commissioner. The lessee shall return it to the commissioner on or before the first day of December preceding the expiration date…

Whenever the commissioner of school and public lands shall offer any school or endowment agricultural lands for re - leasing before the expiration of an existing lease and the lands are leased to any person other than the holder of the unexpired lease, such lease shall permit the…

If any permitted improvement is located on any school or endowment land and the land has been offered for lease or sale and a person other than the owner of the improvement is the highest bidder, the bidder shall deposit with the county auditor a receipt showing payment of the am…

The commissioner of school and public lands shall designate from time to time such lands as may be leased for meadow and pasturage purposes only, also such lands as may be leased for either meadow and pasturage, or for agricultural purposes. The commissioner shall establish such …

If the owner of the improvement described in § 5-5-29 elects not to remove the improvement and the owner does not agree with the successful bidder on the value of the improvement, the owner shall within five business days from the date on which the land is offered for lease or sa…

Any improvement on any school or endowment land shall be appraised by a board of three disinterested freeholders who shall be residents of the county where the property is located. The board of appraisal shall be constituted as follows: the owner of the improvement shall nominate…

If any permitted improvement is appraised pursuant to § 5-5-31 , the owner of the improvement shall accept or reject the appraisal by written notice to the county auditor within five business days from the date of the appraisal or the appraisal is deemed rejected and a lease or c…

No person may engage in hunting in any standing, unharvested crops on any school and public lands, unless the crop is designated for conservation or wildlife habitat. Source: SL 2003, ch 32 , § 1.

All common school, indemnity, and endowment lands shall be leased for pasturage, meadow, farming, the growing of crops of grain and general agricultural purposes, and at public auction after notice as provided in § 5-5-5 and amendatory acts and in tracts not greater than one sect…

If land situated in a county is designated for leasing as provided in § 5-5-3 , such land shall be advertised for lease at public auction by the publication of a notice stating the time and place at which the leasing of the land will begin. The notice shall be published once each…

The lands designated shall be offered for lease at public auction to the highest bidder, at the courthouse of the county within which the lands are situated; or, if there be no courthouse, at the building in which the office of the county auditor is located. The auction shall be …

The commissioner of school and public lands shall establish the minimum annual rental rate per acre of all agricultural lands which are administered by the commissioner. The minimum annual rental rate per acre shall be the rate at which bidding is started. In fixing the minimum a…

If a tract is offered for lease and no satisfactory bid is received, the legal subdivisions of the tract may be separately offered; or such tract may be offered in connection with other tracts of agricultural or grazing lands within the county which have been offered and for whic…